Standardized field sobriety tests (SFSTs) are commonly used by officers of the law to determine driver sobriety. Driving under the influence is against the law, plain and simple; if you are intoxicated, the best course of action is always to wait for the alcohol to leave your bloodstream before you drive.

However, if you do choose to drink and drive and are pulled over, you should understand the standard procedure followed by police officers. If they use a breathalyzer and your blood alcohol content is above .08%, you will not be able to fake your way through the other tests. If you have been drinking and driving at all, it is unlikely that you will pass regardless. But if you are determined to try, here are a few tips that could help you out.

Keep in mind that in each of these states there exists a requirement that a person applying for a license knowingly, or unknowingly by default, accepts when that person signs the application for a license. This requirement is called the “Implied Consent” statement. In this statement every driver applicant signifies by signature that he or she will submit to a breathalyzer test or other chemical test if legally stopped for suspicion of DUI. The statement also states that the applicant understands and acknowledges the fact that refusing to take this test, breathalyzer or chemical, has the automatic penalty of loss of license and likely points on the refuser’s driver’s license. The length of penalty and number of points differs in some states, but usually this loss of license is for a minimum of one year and the number of points is usually two. Another automatic condition that one must understand is that this refusal is also posted on one’s driver’s record for a state mandated number of years, typically five.

Ad

Steps

1

Understand that the decision to arrest comes from three phases, which are as follows.

Phase I. Initial observation of vehicle in motion, in which the officer watches you drive. If a police car turns on its lights and/or siren then you must signal, pull over and stop your car. Turn off the ignition and place your hands where he/she can see them on the top of the steering wheel. The longer you wait to stop or if you stop in an inappropriate place, the greater the chance of getting arrested.

Phase II. Observation of the driver. The officer is trained to:

Listen to your speech

Smell your breath

Judge your dexterity and general appearance

To combat this phase:

Keep your insurance and all other important documents in one easy-to-reach place.

Keep your head down and breathe away from the cop.

Keep gum or Listerine pocket pack strips with you to disguise your breath.

Phase III. Physical sobriety tests. If the officer wants you off the road for public safety, he or she will ask you to get out of the car, in which case proceed to the next step.

Ad

2

Get out of the car. Make your movements slow and deliberate, but as smooth as possible. Remain silent, in case you accidentally slur.

3

Next the officer will ask you to do a field test. The three most common field tests are:

The nine-step walk and turn. The test consists of walking heel to toe for nine steps, a turn, and nine steps back. The officer is looking for:

Wobbling/tripping

How much you use your arms for balance

Starting before he finishes the instructions

The one leg stand. This test requires you to balance on one leg and count or say the alphabet. It measures your ability to divide your attention between two tasks. The officer is looking for:

Swaying

Hopping

Using your arms for balance

Grabbing onto things nearby

Putting your foot down

The horizontal gaze nystagmus test (aka the pen test). Nystagmus is the bouncing of the eyes when they are all the way to the left or the right. If you fail this, there is a high chance that you are above the legal BAC. Keep in mind that this is an involuntary response. In other words, you cannot control the jerking (nystagmus) from not happening. This test is approximately has an 88% success rate to indicate that you have a BAC level of at least .08.

4

Obey and respect the officer, but keep your rights in mind. If an officer requests to search your car and you have alcohol in there, respectfully decline. Refusal for search is evidence of intoxication and anything found will be used against you during your prosecution.

5

If the officer tells you that you are under arrest, do not resist. Allow them to cuff you and take you down to the police station. Remember: assaulting a police officer is a much more serious offense than drunk driving, so although you may want to fight to get away, it's a lot better in the long run to just serve your time and try not to make the same mistake in the future.

Ad

We could really use your help!

Can you tell us about

Snapchat?

Yes

No

Can you tell us about

Swimming and Diving?

Yes

No

Can you tell us about

PowerPoint Insertions?

Yes

No

Can you tell us about

Neighbors?

Yes

No

Thanks for helping! Please tell us everything you know about

...

Tell us everything you know here. Remember, more detail is better.

Tips

Provide details.

Please be as detailed as possible in your explanation. We will take your detailed information, edit it for clarity and accuracy, and incorporate it into an article that will help thousands of people.Don't say: Eat more fats.Do say: Add fats with some nutritional value to the foods you already eat. Try olive oil, butter, avocado, and mayonnaise.

Video

Warnings

Driving while under the influence is extremely dangerous and the top cause of death for people aged 13 to 19. Even if you are not a teenager, take into account the possible consequences of your actions for yourself and others before you get into your car.

Refusing to take a field sobriety test is not necessarily an admission of guilt, but it does make you seem suspicious. Also, in some jurisdictions, you may be penalized for refusing to submit to sobriety tests, so consult your local laws. If you want to have a chance of getting off without any major repercussions, you should at least try.

Lying to a police officer is never a good idea. The truth will come out inevitably, so be honest! You can still avoid incriminating questions without providing misinformation.